Any employer that has three (3) or more employees has to give leave to victims of family violence.

Q: What does it mean to be a "victim of family violence"?

An incident can be considered "family" violence even if you are not married or related by blood. This law covers violence between:

People who are married to each other

People who used to be married and are now divorced

Boyfriends/girlfriends who are dating

Boyfriend/girlfriends who recently broke up

People who have a child together, even if they have never lived together

Parents and children

Two people who are related by blood or by marriage

People who live together or who used to live together

"Violence" means:

You have been physically hurt or attacked

You have been threatened and have good reason to be afraid that the person who threatened you will hurt you

Arguing, name-calling and mental abuse are not family violence unless you are also in danger of being physically hurt

Q: How much time can I take off?

Up to twelve (12) days in one year, although an employer may choose to give an employee more time.

The family violence leave is not supposed to take away any rights the worker has as part of their union or employment contract. It is also not supposed to affect any other leave the employee should get under state or federal law.

Q: Will I get paid for the days I take off?

Only if you already have paid time off (like personal days, sick days, or vacation time) available to you.

If you think you may be able to use personal days, sick days, or vacation time without having to ask for Family Violence Leave, you may want to try that first if you are uncomfortable sharing the reason you need the leave. If you need the time off to see a doctor or a mental health professional, that time might be covered by sick days of the Family and Medical Leave Act. Ask your employer about its medical leave policies.

Q: How much do I have to tell my boss about what’s going on to get the time off?

Many people who are in a violent relationship or home want to keep that private, and the law says the employer has to keep any paperwork it gets from someone requesting the leave confidential. But if you request the time off under this law, you will have to tell your boss what is going on. If you take family violence leave, your employer can ask you to provide paperwork to show why you need the time off. Such paperwork might include:

a police report

a court document

a written statement from the

medical or counselor’s office

the domestic violence organization

an attorney or a court employee

If you give any of these papers to your boss, the reality is that he or she will probably have to show another manager or someone in the human resources department in order to give you the time off. But your employer is supposed to keep these documents confidential and can’t show the paperwork to anyone else unless the law requires it or if it is necessary to keep an employee safe – and your employer would have to tell you first.

Usually, you should ask for the time off as soon as you know you need it. If you need the time off for something that was "foreseeable" – like a weekly counseling appointment that you know about ahead of time – your boss can require you to ask for the leave as many as seven days ahead of time. If you need the time for something that come up suddenly (if you have to move quickly, for example, or get an emergency restraining order), you are supposed to ask your boss for the time off as soon as you can.

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